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Statement from Johnson family attorney

Updated: Thursday, 14 Feb 2013, 5:04 PM EST
Published : Thursday, 14 Feb 2013, 5:04 PM EST

BUFFALO, N.Y. (WIVB) - Statement From Attorney for Johnson Family:

When you are a supplier of a dangerous gas, you have an obligation to keep your customers safe.  The smell of propane in a home is an emergency, and it must be treated as one by the propane supplier.  You don’t let customers fend for themselves, and you don’t try to diagnose the problem over the phone – regardless of the time of day or the cost to the propane company. 

Per the Niagara County cause and origin records that you received, the propane explosion ignited via “a propone source in the basement of the structure”. 

The Johnson family never should have been given the false sense of security that the smell of gas was merely the result of a low tank, and left with the impression that a thorough inspection by NOCO was not necessary.  Having not received any proper warnings and having been expressly told that the smell encountered was normal when NOCO’s tank is near empty, the family did what it thought was okay.  In short, because NOCO did not follow industry protocol - a leak went undetected.   Had NOCO treated the situation as an emergency, informed them to call 911, told them to stay out of the house, told them not to use any appliances or gas, told them not to do anything on their own or taken action to check for leaks with propane gas detectors owned by propane retailers, this horrific incident never would have occurred and Sarah Johnson would be alive today.   For NOCO to now blame the victims for NOCO’s failures is outrageous.

Matthew J. Beck, Esq.
Duke, Holzman, Photiadis  & Gresens LLP
1800 Main Place Tower
350 Main Street

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